Full Text
HIGH COURT OF DELHI
Date of Decision: 14th January, 2022
NEETA BHARDWAJ & ORS. ..... Appellants
Appearances:- Mr. R.K. Bhardwaj, Adv. (M:9312710547) for Appellant in FAO 36/2021
Mr. K.G. Chhokar, Adv. in CM(M) 323/2021, FAO 36/2021 & 575/2021
Mr. Haider Ali & Ms. Kawalpreet Kaur, Advocates for impleaders in FAO
36/2021. (M:8287908688) advhaiderali08@gmail.com & kawalpreet@hrln.org
Mr. Harvinder Kumar alia Sanjay Bhardwaj in person.
Mr. Neeraj Bhardwaj, Advocate. neerajlawyer79@gmail.com
Mr. Yogender Nath Bhardwaj in person.
Mr. Kush Bhardwaj, Advocate. (M:9891074686) kbhardwaj524@gmail.com
Mr. Luv Bhardwaj, Advocate. (M:9990693140)
Mr. Nakul Bhardwaj in person. (M:9971328006)
2022:DHC:174 Mr. Lokesh Bhardwaj in person. (M:9971576388)
Mr. Yoginder Singh, Advocate. (M:9999735003) for impleader Mr. Shailender Kumar Gautam.
Mr. Ravi Sharma, Advocate. (M:9654665565)
Mr. Rohit Kishan Naagpal & Mr. Dipanshu Gaba, Advocates.
(M:9212786555) rohitnaagpal@gmail.com Mr. Anuroop P.S & Mr. Gaurav Bidhuri, Advocate. (M:9582818838) scgnctd@gmail.com
Mr. Kamal Kant Bhardwaj, Advocate for Thula Bahadur. (M:9999438838) kant.bhardwaj047@gmail.com
Mr. Sarvesh Bhardwaj, Advocate for Defendant. (M:9350301058)
Mr. Ashok Bhardwaj and Mr. Dinkar Bhardwaj, Advocates.
Mr. D.K. Singhal, Advocate. (M:9811035029)
Ms. Samapika Biswal, Ms. Shambhavi Kala and Mr. Kartikeya Sharma, Advocates for Ld. Administrator. (M:9818668876)
Mr. Arun Birbal & Mr. Sanjay Singh, Advocates for SDMC & DDA.
(M:9958118327)
Mr. Rameezuddin Raja, Advocate for Ms. Sangeeta Bharti, Standing
Counsel for DJB. (M:9811112863)
Mr. Thakur Sumit, Advocate. (M:9968454481) in CS (OS)s 528/2021, 531/2021, 553/2021, 683/2021 & CM (M) 323/2021
Mr. Nitin Jain, Mr. Vishal Chauhan, Mr. Rajesh Kumar, Mr. Harshil Gupta
& Mr. K.P. Singh, Advs. (M: 9716569056) attorneynitinjain@gmail.com
Mr. Vishal Bhardwaj, Advocate. (M:9205103230) adv.vishal9@gmail.com
Mr. Siddharth Panda, Advocate for SDMC. siddhupanda@gmail.com
Mr. Deepak Dewan, Advocate. advdeepakdewan@gmail.com
Mr. Santosh Kumar Tripathi, ASC (Civil), GNCTD with Mr. Arun Panwar, Advocate. (M:9818112250)
Ms. Mini Pushkarna, Standing Counsel with Ms. Latika Malhotra & Ms. Khushboo, Advocates for DUSIB. (M:9810674872)
Mr. Goonmeet Singh Chauhan, Architect.
JUDGMENT
1. This hearing has been done by video conferencing.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters. FAO 36/2021 & CM APPLs. 2914/2021, 10442/2021, 10444/2021, 20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021, 25884/2021, 25885/2021, 26495/2021, 29121/2021, 38063/2021, 38289/2021, 39643/2021, 43944/2021, 43945/2021 & 43946/2021 CM (M) 323/2021 & CM APPLs. 14178/2021, 20945/2021, 20949/2021, 40269/2021 CM (M) 575/2021 & CM APPL. 43796/2021 CONT.CAS(C) 614/2021
3. In terms of order dated 21st December, 2021, the report of the Ld. Administrator has been received. The same is detailed in nature. By way of the said report, the ld. Administrator has submitted his recommendations, after discussions with the baridaars, the shopkeepers, as also the various governmental authorities. Mr. Goonmeet Singh Chauhan, the architect and his team have also been involved in the said deliberations. The broad recommendations of the ld. Administrator have been given in paragraph 65 of the report, which has been extracted below:
4. In order to enable the ld. counsels for the parties to make their submissions in respect of the recommendations made by ld. Administrator, let electronic copies of the Administrator’s report along with all the annexures be supplied by the Registry to the ld. Counsels, upon request. Ld. Counsels who wish to obtain copies may give their email addresses to the
5. Considering the fact that most of the shops and kiosks have been vacated, the matter is kept on 1st February, 2022, so as to ensure the early commencement of the erection of the temporary shops and kiosks for the shopkeepers.
6. Further, in order to start the process of erection of temporary shops and kiosks, one of the recommendations of the ld. Administrator is to obtain a report in respect of the amounts deposited by the various shopkeepers in the various proceedings before the Trial Courts, so that the same can be consolidated in the account of the Registrar General of this Court, and can be utilised for the purpose of redevelopment of the Kalkaji Mandir.
7. At this stage, Mr. Kush Bhardwaj, ld. Counsel submits that amounts pertaining to shopkeepers deposited by them as their tehbazari was deposited in SCJ 36765/2003 titled “Rajinder Aggarwal v. Mandir Kalkaji and other 66 connected matters.” All 66 connected matters were disposed of by Ms. Harshita Vatsayan, Civil Judge-06, Central District, Tis Hazari Court, New Delhi. However, the amount is lying deposited be the aforesaid Court, in the form of FDR.
8. Accordingly, all the Ld. District Judges in Delhi are directed to submit reports as to the total amounts which are lying deposited, along with the interests accrued thereon, in all the suits related to the Kalkaji Mandir before all concerned Trial Courts. For ready reference, the list of cases as available with the Registry may be made available to all the District Judges. The said District Judges would submit the report to the worthy Registrar General who shall then ensure that all the said amounts are transferred into one separate bank account. The list of cases which have been transferred to this Court may not be exhaustive. Accordingly, in addition to the suits which are now pending before this Court, the amounts deposited in SCJ 36765/2003 as also in any other cases related to the Kalkaji Mandir, which are either pending or disposed off shall also be transferred. If any of the ld. Counsels have any details relating to the said deposits which have been made by the shopkeepers, before the District Courts, the same may be submitted to the Court Master, who would transmit the information to the weeks. A report of the status of the transfer of amounts be placed on record by the next date of hearing.
9. Insofar as the Kalkaji Mandir Redevelopment Fund account is concerned, let the said account be opened and be operated by the ld. Administrator. Ld. Administrator is permitted to accept voluntary donations for the purpose of redevelopment and he shall deposit the said donations exclusively in the Kalkaji Mandir Redevelopment Fund, subject to further orders of this Court. The ld. Administrator shall file the details of donations, if any, received in the said account by means of a report, by the next date of hearing.
10. The DDA has already informed the ld. Administrator during the interactions which were held, that it has no objection to the redevelopment of the Kalkaji Mandir, and the creation of the temporary shops and kiosks in the Mandir premises. The same is recorded in paragraph 26(i) of the Administrator’s report. Let a communication to this effect be issued by the DDA to the ld. Administrator, within one week.
11. With respect to the directions to the Delhi Jal Board issued by this Court in its previous orders, Mr. Rameezuddin Raja, ld. Counsel, appearing on behalf of the Delhi Jal Board, submits that the work relating to laying and repair of sewage lines, open drains, etc., has already been completed. Insofar as setting up of piyaos is concerned, the same would be completed within the next four to five days. The said statement is taken on record. The counsels for DJB and all parties to confirm this position on the next date of hearing.
12. The report of the ld. Administrator also notes that the shopkeeper of Shop No. 1 is not vacating the shop, in terms of the directions given by this Court. Accordingly, issue notice to Mr. Radhey Shyam, shopkeeper of Shop No.1 named ‘Kalkamai Ke Prasad Ki Kadami Dukan’, as also through his counsel- Mr. Gaurav Sharma, to appear and make submissions on the next date of hearing, as to why the said shopkeeper is not vacating the shop. Let the Registry serve notice upon Mr. Gaurav Sharma, ld. Counsel [M:9873369577] [adv.pt.gauravsharma@gmail.com] and Mr. Radhey Shyam, through all permissible modes.
13. List on 1st February, 2022 at 2.30 p.m. CM APPL. 43796/2021 in CM (M) 575/2021
14. Mr. Ankur Singhal, ld. Counsel submits that no reply has been filed in the matter.
15. Mr. K.G. Chhokar, ld. Counsel accepts notice in the application. He submits that he wishes to file a reply. Let the reply be filed, within two weeks.
16. The Nazir’s report has been received, which shows deposits to the following effect: “ S. No. FDR’S No.
DEPOSIT DATE OF FDR AMOUNT OF FDR MATURITY DATE OF FDR MATURITY VALUE OF FDR
1. 397600 23-02-2009 52,66,666/- 23.02.2011 61,70,739/-
2. 39700/PR00036877 21-12-2009 45,75,000/- 21.12.2012 56,33,835/-
3. 0085033 27-04-2013 13,01,500/- 27.04.2016 17,12,334/-
4. 0085064 04-05-2013 26,00,000/- 04.05.2016 34,20,721/-
5. 0085067 08-05-2013 26,06,000/- 08.05.2016 34,28,615/-
6. ONE ENVELOPE SEALED UNDER THE DIRECTIONS OF HON'BLE COURT DATED 10.09.2008 (copy of order enclosed) ”
17. The fixed deposits, which are attached to the Nazir’s report, do not reflect as to whether the said FDRs are renewed or not. The said FDRs shall accordingly be encashed and the amounts are directed to be transferred to the account of the Registrar General of this Court in the account, as mentioned in paragraph 8 above.
18. Let the electronic copy of the Nazir’s report be supplied by the Registry to Mr. K.G. Chhokar, ld. Counsel, upon request.
19. List on 1st February, 2021 at 2.30 p.m. CS (OS) 527/2021 CS (OS) 533/2021 CS (OS) 538/2021 CS (OS) 541/2021 CS (OS) 544/2021 CS (OS) 547/2021 CS (OS) 674/2021
20. In these suits, adjournment is sought today on behalf of Mr. Nagpal, ld. Counsel, due to difficulty in his office owing to the pandemic. The same is not opposed.
21. List all these suits on 1st CS (OS) 2499/2010
22. This suit has been received by this Court today. Let the suit be renumbered and placed in Category B.
23. Issue notice. Let Registry serve notice upon the ld. Counsel for the Defendant through all permissible modes.
25. Mr. R.K. Bhardwaj, ld. Counsel who is present before this Court shall inform ld. Counsel for the Defendant, about the next date in the matter, through email as also through WhatsApp.
26. Let a copy of today’s order be communicated to the worthy Registrar General of this Court.
PRATHIBA M. SINGH JUDGE JANUARY 14, 2022 dj/aman/ad/Ak